Settle Synagogue Suit, Commissioner Urges

HOLLYWOOD — A city commissioner is urging his colleagues to settle a discrimination lawsuit filed by an Orthodox Jewish synagogue after the city yanked its permit.

Commissioner Keith Wasserstrom sent an e-mail Tuesday calling for a special meeting to discuss settling the case with the Hollywood Community Synagogue Chabad Lubavitch and the U.S. Department of Justice.

No meeting had been scheduled as of Friday evening. The trial is scheduled to start June 26.

In the e-mail, Wasserstrom said he fears that a pending ruling by a federal judge will erase city laws that grant special permits to religious groups that operate in residential neighborhoods. The permits are at the center of the Chabad's lawsuit, which alleges that the city, led by Commissioner Sal Oliveri, discriminated when it took away the synagogue's' permit in 2003. City officials argue that they pulled the permit because the synagogue did not adhere to zoning codes.

U.S. District Judge Joan Lenard indicated earlier this month that she plans to rule on behalf of the synagogue that those zoning codes are too vague. Lenard, however, had not made the ruling official by putting it in writing as of Friday.

In his message, Wasserstrom said he wanted to meet with city attorneys and consider settling the case before Lenard rules.

"A court decision ties our hands and opens our city to any religious institution plopping down anywhere they want," he wrote. "If we settle, we can tailor the settlement to best protect our neighborhoods from such intrusions while not unreasonably restricting the free practice of any religion."

City Attorney Dan Abbott confirmed that the Chabad's attorney, Franklin Zemel, sent the city a settlement offer that was set to expire Friday evening. Attorneys from both sides have declined to discuss the amount. Court records show that Chabad plans to prove at trial that it has incurred at least $2.2 million in damages comprised of lost real estate opportunity, building costs and lost membership revenue. Attorney fees are not included in that amount.

Mayor Mara Giulianti said she has heard the Chabad was seeking $5 million from the city and $1 million from Oliveri.

Wasserstrom said Friday he sent the e-mail hoping a special meeting would be scheduled within the week.

Giulianti, calling from a vacation in Maine, said she didn't want to have a special meeting because she wants to let negotiations between attorneys run their course. She added that she was not worried about Lenard's pending ruling.

"We don't see that the ruling is going to hurt us," she said.

Commissioner Fran Russo, who is in favor of settling the case, said, "I thought someone would bring it up [at this week's City Commission meeting], but nobody did."

Commissioner Cathy Anderson said she's been echoing Wasserstrom's concerns since the lawsuit was first filed.

Other commissioners, including Oliveri, declined to comment, saying they either had not received the e-mail or wanted to discuss it with Abbott before saying anything about it publicly.

Zemel said Friday he applauds Wasserstrom's efforts, and blasted Giuliantifor not reacting to the commissioner's request for a meeting.

"It is interesting to note that the mayor just left for a two-week vacation despite the fact this case was set for trial 10 months ago," Zemel said. "Perhaps the mayor hasn't attributed an appropriate level of importance to this matter."

A pre-trial hearing is set for Friday.

Ihosvani Rodriguez can be reached at ijrodriguez@sun-sentinel.com or 954-385-7908.